Osborne Clarke’s client achieves success in long-lasting trademark dispute ‘ABSOLUT’ before the German Supreme Court (Bundesgerichtshof)

International legal practice Osborne Clarke has successfully represented publisher absolut°karriere in a long lasting trademark dispute concerning the trademark ‘ABSOLUT’, known in the market in particular for vodka products.

The publisher has distributed the magazine ‘absolut°karriere’ for many years as well as organizing fairs with this theme. It recently belonged to the publishing Group Münchner Merkur. Personal service provider Absolut Personalmanagement has complained about an infringement of the trademark ‘ABSOLUT’ due to the publisher’s utilization. The regional court of Hamburg had initially found that there was a likelihood of confusion between the signs. In November 2015 the Court of Appeal decided in favour of the publisher and found accordingly that there was no likelihood of confusion (Hanseatic Higher Regional Court, Az. 5 U 205/12). The German Supreme Court has confirmed the decision of the Hanseatic Higher Regional Court and rejected the opponent’s remedies by the decision of 3. November 2016 (Az. I ZR 260/15).

Dr Matthias Kloth, Partner at Osborne Clarke, represented the publisher before the German Supreme Court in cooperation with Supreme Court lawyer Prof Dr Christian Rohnke: “It is pleasing and very important for our client that its right has been enforced before the Court. Consequently its well-established trademark can be successfully used further on.”